5/1995 Sb.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs communicates the day 3. November 1994 were in the
Bonn signed:
Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany
on the readmission of persons at their common borders
and
Arrangements for the implementation of the agreement between the Government of the Czech Republic and the Government
The Federal Republic of Germany on the readmission of persons at their common
State borders of 3 June. November 1994.
Agreement entered into force, pursuant to article 11 on January 1. January
1995. the arrangements in accordance with the wording of article 6 (1). 1 to enter
into force simultaneously with the agreement.
The Czech version of the agreement shall be published at the same time. In the English text of the arrangement can be
take a peek at the Ministry of Foreign Affairs and the Ministry of the Interior.
The AGREEMENT
between the Government of the United Kingdom and the Government of the Federal Republic of Germany
readmission of persons at their common borders
The Government of the United Kingdom and the Government of the Federal Republic of Germany (hereinafter referred to as
"the Contracting Parties"),
guided by efforts to facilitate the readmission to the common State
borders and transit of persons in a spirit of cooperation and good neighbourliness and to
basis of reciprocity,
have agreed as follows:
PART I
OWN STATE CITIZENS
Article 1
(1) each Contracting Party shall take over without any special formalities at the request
the other Contracting Party the person who, in the territory of the State of the requesting contracting
the party does not meet or no longer meets the conditions in force for entry or
stay, if it is not shown or credible evidence that this person has
the citizenship of the State of the requested Contracting Party.
(2) the requesting party assumes this person under the same conditions
If Additionally finds that at the time of departure from the territory of the
the State of the requesting Contracting Party not the State of nationality of the person
the requested Contracting Party.
PART II
THE TRANSPOSITION OF THE CITIZENS OF THIRD COUNTRIES IN THE CASE OF ILLEGAL ENTRY
Article 2
(1) each party will take over at the request of the other party without
special formalities a person who does not have citizenship of the State of any of the
of the parties (hereinafter referred to as "a citizen of a third State"), if the
proven or credible evidence that he arrived illegally from the territory
State of the requested Contracting Party in the territory of the requesting contracting party.
Illegal is such input, if a citizen of a third State at the time of
entry into the territory of the State of the requesting contracting party does not comply with applicable conditions
for entry under the national laws of the State of the requesting contracting party.
(2) the obligation to readmit referred to in paragraph 1 shall not apply to
a citizen of a third State, that when entering the territory of the State of the requesting contracting
the party had a valid visa or other valid permit entitling to stay
issued by that Contracting Party, or to whom it was granted after its entry
that Contracting Party entitling the visa or other permission to stay.
Article 3
(1) each Contracting Party shall take over without any special formalities and after
prior notification of a citizen of a third State, whose takeover of the requested
the other Contracting Party within seventy-two hours after his illegal
the entry.
(2) If a receipt is requested after the expiry of the period referred to in paragraph 1,
request to take charge shall be filed within six months from the time when
the competent authorities of illegal entry of a citizen of a third State. Top-
the Contracting Party shall respond to the request, which was addressed to her,
without delay, at the latest within eight days. The takeover of a citizen of a third State
shall take place without delay, but not later than within three months after the date of
requested Contracting Party agreed to take over. This period shall be
be extended at the request of the requesting contracting party only in the case of legal
barriers to acceptance, and only at the time when these legal barriers
persist. You cannot perform failover in the case of nationals of third States,
who is shown to be an extended stay on the territory of the requesting contracting party
For more than twelve months after the illegal entry.
(3) the applicant contracting party takes over without any special formalities back
a citizen of a third State, if the requested Contracting Party within 30 days after
It found that the
and does not enter the territory of the State) the requesting contracting party from the territory of the
State or
(b)) it can be shown he was kept on the territory of the requesting contracting party for longer
than twelve months after the illegal entry.
Article 4
(1) for the residence permit within the meaning of this section is deemed to be any
the authorization issued by the competent authority of a Contracting Party which
entitles him to stay on the territory of its State. For them it is not considered a time-
limited consent to stay on the national territory of a Contracting Party
issued for the purpose of processing the application for asylum or applications for
a residence permit.
(2) the competent authorities of the Contracting Parties will inform each other of
legislation governing the authorisation of entry and stay on the territory of the
their States.
PART III
The TRANSIT
Article 5
(1) the Contracting Parties will take over to police the transit through the territory of their
the State of a citizen of a third State, if the other Contracting Party so requests and the
ensure any takeover of průvozních States and the target State.
(2) the police transit may be refused if the
and this person) would be in another State or in the destination state
exposed to the danger of political persecution or if it
expected prosecution or punishment or
(b)) her face prosecution on the territory of the State of the requested Contracting Party; about
This fact it is necessary to inform the requesting contracting party
by performing the transit police.
(3) transit visa requested Contracting Party shall not be required.
(4) consent may be given through a return to the other party of the person taken
to the transit, if subsequently arise or becomes known to the fact
within the meaning of paragraph 2, which prevent the transit or if it is not
ensured another path or takeover target State.
PART IV
PROTECTION OF DATA
Article 6
(1) if it is necessary for the implementation of this agreement, the transfer of personal data,
This information may relate solely to:
and personal data to be passed to the person) and, where appropriate, its family
Members (surname, name, or an earlier name, nickname or
the pen name, date and place of birth, sex, current and previous state
citizenship);
b) personal identity card or passport (number, period of validity, date of
of issue, issuing authority, place of issue, etc.);
(c)) other information needed to identify the transmitted people;
(d)) and the current location of the route of the journey;
e) residence permits or visas issued by one of the Contracting Parties;
(f) where appropriate, the place of Administration) application for asylum;
(g) the date of filing the earlier) where appropriate, an application for asylum, the date of the current
the application for asylum, achieved the status of the proceedings and the likely outcome
This control.
PART V
The COST of
Article 7
(1) the cost of transport of persons consumed in accordance with articles 1 to 3 shall be borne by to
border crossing at the joint borders of the requesting contracting
party.
(2) the costs of the transit through the State border of the target State in accordance with article
5 and, where applicable, the costs associated with the alien shall be borne by the requesting
the Contracting Party.
PART VI
IMPLEMENTING PROVISIONS
Article 8
Adjustments needed for the implementation of this agreement, in particular the provisions on the
and how vyrozumívání,)
(b)), the supporting documents and the means necessary for the receipt,
(c) the competent authorities for the implementation) of this agreement,
d) border crossing points intended for readmission,
e) reimbursement of costs pursuant to article 7,
(f) the terms and conditions of the police transit of citizens) of third States
agree on the Ministry of Interior of the Czech Republic and the Federal Ministry of
Interior of the Federal Republic of Germany in the implementing arrangements for this agreement.
PART VII
THE COMMITTEE OF EXPERTS
Article 9
(1) the Contracting Parties shall support each other in the implementation and interpretation of the
of this agreement. For this purpose, it creates the Committee of experts, which will be
and monitor the implementation of this Agreement),
(b)) to submit proposals to deal with issues related to the implementation of this
the agreement,
(c)) to handle proposals for amendments and supplements to this agreement,
(d) prepare and recommend appropriate) measures to combat illegal
immigration of foreigners.
(2) the consent of the competent authorities of the Contracting Parties with these proposals and
measures is reserved.
(3) the Committee shall consist of three representatives of the Czech and German sides.
The competent authorities of the Contracting Parties shall designate a Chairman and one representative;
at the same time will be determined by the persons representing them. To the consultation can be
invite other experts.
(4) the Committee shall meet at the request of one of the Presidents, at least once every
year.
PART VIII OF THE
FINAL PROVISIONS
Article 10
(1) implementation of the Convention relating to the status of refugees of 28. July 1951
as amended by the Protocol concerning the legal status of refugees of 31.
January 1967 shall not be affected.
(2) the obligations of the Contracting Parties of the international treaties shall remain unaffected.
Article 11
This agreement shall enter into force on the first day of the second month following its
the signature.
Article 12
(1) this agreement is concluded for an indefinite period.
(2) any Contracting Party may, after notice to the other Contracting Parties
register with the suspension of the implementation of this agreement with the exception of article 1,
If there are serious reasons, in particular the protection of State security,
the public order or the health of citizens. About the lifting of the measures
the Contracting Parties shall inform by diplomatic means.
(3) any Contracting Party may, after notice to the agreement of the other Contracting
by diplomatic note to denounce the serious reasons, in particular of the
the grounds referred to in paragraph 2.
(4) suspension of the application of this agreement or its denunciation shall take
the effectiveness of the first day of the month following the month in which the certificate
delivered to the other Contracting Party.
Done at Bonn on 3 December. November 1994 in two original copies,
every in Czech and German, both texts being equally
force.
For the Government of
The Czech Republic:
Jan Ruml in r.
Minister of the Interior
The Federal Republic of Germany:
Dieter Kastrup in r.
the Secretary of State
The Federal Ministry of
Foreign Affairs
Manfred Kanther in r.
the Federal Minister of the Interior
Manfred KANTHER, the Federal Interior Minister
The Federal Republic of Germany
Bonn, 3. November 1994
Dear colleague,
in the context of today's signing of an agreement between the Government of the Federal
Republic of Germany and the Government of the Czech Republic on the readmission of persons on the
common State borders (readmission agreement) and the agreement between the Government of
The Federal Republic of Germany and the Government of the Czech Republic on cooperation in the
area of the implications resulting from migratory movements (the agreement on
cooperation) I have the honour to inform you that, during the negotiations was made this
statement:
1. the Government of the Federal Republic of Germany declares that the readmission agreement
It does not apply to persons who unlawfully from the territory of the sovereign base
The Federal Republic of Germany proven before the agreement enters into force.
2. the Contracting Parties agree that the financial assistance provided for in
the context of the readmission agreement is to be used for the purposes of the present
ending the programme of assistance for the provision of material for
the services of the police and the drug enforcement unit of the agreed for the period since
1992 to 1994. In the framework of this project will be the planned aid aimed
the material equipment of the police departments included in the first two
payments of financial assistance provided under the cooperation agreement.
3. the Committee of experts, the provision laid down in article 9 of the readmission agreement will be
prepare a proposal addressing those issues that the Czech Republic
generally arise as a transit country by illegal migration
streams to Germany are going through. This includes, in particular:
-adjustment practice and visits of foreign nationals,
-prevent illegal entries through Prague Airport,
-sanctions against airlines.
Please make me was communicated to the agreement of your Government to the foregoing.
Our exchange of letters will constitute an additional supplement of a readmission
the agreement and the agreement on cooperation.
Allow me, Dear partner, me assure you my deep respect.
Manfred Kanther in r.
Minister of Interior of the Czech Republic
Mr. Jan Rumlovi
Prague
The Interior Minister of the Czech Republic
Jan RUML
In Bonn on 3 December. November 1994
Dear Sir,
in the context of today's signing of an agreement between the Government of the United Kingdom and
the Government of the Federal Republic of Germany on the readmission of persons on the
common State borders (readmission agreement) and the agreement between the Government of
The United States and the Government of the Federal Republic of Germany on cooperation in
area of the implications resulting from migratory movements (the agreement on
cooperation) I have the honour to inform you that, during the negotiations was made this
statement:
1. the Government of the Federal Republic of Germany declares that the readmission agreement
It does not apply to persons who unlawfully from the territory of the sovereign base
The Federal Republic of Germany proven before the agreement enters into force.
2. the Contracting Parties agree that the financial assistance provided for in
the context of the readmission agreement is to be used for the purposes of the present
ending the programme of assistance for the provision of material for
the services of the police and the drug enforcement unit of the agreed for the period since
1992 to 1994. In the framework of this project will be the planned aid aimed
the material equipment of the police departments included in the first two
payments of financial assistance provided under the cooperation agreement.
3. the Committee of experts, the provision laid down in article 9 of the readmission agreement will be
prepare a proposal addressing those issues that the Czech Republic
generally arise as a transit country by illegal migration
streams to Germany are going through. This includes, in particular:
-adjustment practice and visits of foreign nationals,
-prevent illegal entries through Prague Airport,
-sanctions against airlines.
Please make me was communicated to the agreement of your Government to the foregoing.
Our exchange of letters will constitute an additional supplement of a readmission
the agreement and the agreement on cooperation.
Allow me, Sir, I assure you my deep respect.
Jan Ruml in r.
Dear Mr.
Manfred Kanther
the Federal Minister of the Interior
The Federal Republic of Germany
Bonn
Manfred KANTHER
Federal Minister for the Interior of the Federal Republic of Germany
Bonn, 3. November 1994
Dear colleague,
I have the honour to acknowledge receipt of your letter You indicated by today's
the date that you gave me as a complement to the readmission agreements (agreement and
the cooperation agreement) concluded today between the Government of the Federal Republic of
Germany and the Government of the United States.
At the same time I beg to inform you, on behalf of the Government of the Federal Republic of
Germany, that I agree with the contents of your letter.
Allow me, Dear partner, me assure you my deep respect.
Manfred Kanther in r.
The Minister of the Interior
The United States
Mr. Jan Rumlovi
Prague
The Interior Minister of the Czech Republic
Jan RUML
In Bonn on 3 December. November 1994
Dear Sir,
I have the honour to acknowledge receipt of your letter You indicated by today's
the date that you gave me as a complement to the readmission agreements (agreement and
the cooperation agreement) concluded today between the Government of the United Kingdom and
the Government of the Federal Republic of Germany.
At the same time I beg to inform you on behalf of the Government of the Czech Republic, that with
the contents of your letter, I agree.
Allow me, Sir, I assure you my deep respect.
Jan Ruml in r.
Dear Mr.
Manfred Kanther
the Federal Minister of the Interior
The Federal Republic of Germany
Bonn
